IN THE CASE OF:
BOARD DATE: 4 August 2015
DOCKET NUMBER: AR20150000117
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Army Good Conduct Medal or any other medals for his period of service.
2. The applicant states he served honorably, received an honorable discharge in 1962, and served in Germany during the period when the Berlin Wall was erected.
3. The applicant provides DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 22 March 1962.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 23 January 1959, he enlisted in the Regular Army for 3 years.
3. On 10 June 1960, he was assigned to the 1st Battalion, 4th Training Regiment, U.S. Army Training Center, Engineer, Fort Leonard Wood, MO. He received an efficiency rating of "good" for the period 10 June - 4 August 1960.
4. On 13 August 1960, he was assigned to the 178th Engineer Company at Fort Belvoir, VA. He was assigned to the 178th Engineer Company in Germany from 6 October 1961 - 22 March 1962.
5. On 22 March 1962, he was released from active duty. He completed 3 years and 2 months of active service that was characterized as honorable. His
DD Form 214 does not show he received any awards.
6. The applicant's military service records do not contain orders for the award of the Army Good Conduct Medal.
7. There is no evidence the applicant received the first award of the Army Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal. Records do not show indiscipline or lost time. His records do not contain any adverse information. The applicant received an efficiency rating of "good" during training at Fort Leonard Wood. He received conduct and efficiency ratings of "excellent" or "unknown" throughout his remaining service.
8. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.
9. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period from
1 January 1961 through 14 August 1974.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records do not show indiscipline, lost time, or a record of courts-martial. He received "excellent" conduct and efficiency ratings throughout his military service with the exception of a "good" efficiency rating while attending a service school. There is no record of a commander's disqualification. There is sufficient evidence to show the applicant was eligible for award of the Army Good Conduct Medal (1st Award) based on completion of qualifying service from
23 January 1959 - 22 January 1962.
2. His service from 23 January 1959 - 22 March 1962 qualifies him for the National Defense Service Medal.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. awarding him the Army Good Conduct Medal (First Award) for honorable service from 23 January 1959 to 22 January 1962; and
b. adding the following awards to his DD Form 214 with an effective date of 22 March 1962:
* Army Good Conduct Medal (First Award)
* National Defense Service Medal
__________x_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20150000117
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ABCMR Record of Proceedings (cont) AR20150000117
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